Questions tagged [defense]
The defense tag has no usage guidance.
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Is psychological impairment a defense for murder?
My question was prompted by an episode of the TV show Arrow. The subject of my question is the law not science fiction so I won't go into too much detail, but a character is killed and resurrected by ...
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In a criminal RICO trial, on a particular count, what elements can be shared among the co-defendants?
The Georgia 2020 Election subversion case (a RICO of the Georgia State variety) is quite complex in that there are 19 defendants who are charged with one or more counts from the list of 41 distinct ...
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In an opposite-sex sexual assault case, is "I'm homosexual" a valid defense?
Let's say Alice is sexually assaulted by a man, and circumstantial evidence pinpoints Bob as the attacker. Can Bob claim that, because he is homosexual/asexual, he does not find Alice sexually ...
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On the legality of arming yachts and other recreational craft at sea
Is it legal or applicable to arm yachts or other recreational vessels for defense against piracy, thieves, terrorism, etc?
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Is ignorance of facts an excuse?
Suppose there is a law saying it is illegal to XYZ between 10 PM and 6 AM. If Alice XYZs at 11 PM, she cannot use "I didn't know about the law" as a defense. What if she does know about the ...
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legality of the trolley problem [duplicate]
There's this hypothetical scenario (sometimes referred to as the trolley problem) that people refer to as an ethical conundrum. It goes something like:
There's a train heading down the track where it ...
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Defendant's right to surprise prosecution at trial
Common law disclosure obligations between prosecutors and defendants appear to be imbalanced:
prosecutors basically have to disclose everything they have on defendants
defendants have to disclose ...
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What is the role and power of the Australian Defence Force in civil society?
The Commonwealth government has offered the assistance of the Australian Defence Force (ADF) to the states from time to time.
Most recently the New South Wales Government has accepted that offer of ...
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Under what circumstances (other than defamation) is "truth an absolute defense" against prosecution?
My understanding is that "truth is an absolute defense" against a "defamation" charge, in the U.S. (Although you could be charged with something else such as "publication of ...
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